ILLINOIS POLLUTION CONTROL

BOARD

January 21,

1993

PEOPLE OF

THE

STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 92—187

)

(Enforcement)

DeNORMANDIE TOWEL

& LINEN,

)

SUPPLY COMPANY, an Illinois

)

corporation,

)

Respondent.

)

DISSENTING OPINION (by

J. Theodore Meyer):

I dissent from the majority’s acceptance of the stipulation

and~settlement in this case.

I continue to be troubled by the

absence of any mention of attorney’s fees

and

costs in the

settlement agreement.

Section 42(f)

of the Environmental Protection Act provides

for the imposition of costs and reasonable attorneys fees to the

Attorney General.

In this case,

the

complaint requests that the

Board impose such costs and fees.

However, the stipulation and

settlement does not even refer to this request, nor explain

whether some percentage of costs and fees were figured into the

penalty.

I continue to believe that costs and fees should be

pursued.

For this reason,

I dissent.

3. Theodore Meyer

Board Member

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify t

the

above

dissenting opinion was tiled

on the

~

day of

_______________,

1993.

Lborothy

1’i.,~4unn,

Clerk

Illinois ~‘l1ution Control Board

0138- 0I~8

1